Preview
INDEX NO. 152036/2024
NYSCEF Doc. NO. 25 RECEIVED NYSCEF 03/08/2024
Atan IAS Part of the Supreme
Court of the State of New York, held in
the County of New York, located at 60
Centre Street, New York, New York
10007, on the, ‘ day of
db
(fh __, 2024.
PRESEN’ Lule b Eranl JS.C,
wewowreaes elvererencernacnennmasi mewenasicunusdnccseusn|
Sharyn Liddie, as attorney-in-fact for ORDER TO SHOW CAUSE
LaVerma Kenney, WITH TEMPORARY
RESTRAINING ORDER MS 41
Petitioner,
-against- Index No.: 850024+-2624-
Wilson Kenney, individually and as attorney-in-fact for
1S 2666 [204
LaVerna Kenney,
Respondent.
So enna non on oon mnnnewersinedwamestaisenanwesasseniceiaaweacs
On reading and filing the petition of SHARYN LIDDIE (“PETITIONER”), duly verified
_
the Ist day of March, 2024, utilized herein as an affidavit pursuant to CPLR 105(u), the exhibits
=,
attached thereto; the affirmation of Bret Cahn of Emergency and of Compliance with 22 NYCRR
202.7 (f) dated March 6, the exhibits attached thereto; and Petitioner’s accompanying
Memeorandum of Law in Support of Application for a Temporary Restraining Order and
Preliminary Injunction, and upon sufficient cause being alleged,
LET, WILSON KENNEY, SHOW CAUSE, before the Hon. e - ( __at
als
Part reme Court of the State of New York, County of New York, located at 60 Centre
Lp
New York, New York, on the TH ay of Apel 2024, at 9:30 o'clock in the
forenoon of said day, or as soon thereafter as counsel can be heard, why an Order should not be
made and entered as follows:
lof 4
INDEX NO. 152036/2024
NYSCEF boc. NO. 25 RECEIVED NYSCEF 03/08/2024
Compelling Wilson Kenney, pursuant to General Obligations Law
(“GOL”) § 5-1510(1), to provide a record of all receipts, disbursements,
and transactions entered into by him as agent on behalf of the principal,
LaVerna Kenney;
ii Removing Wilson Kenney, pursuant to GOL § 5-1510(2)(f), as co-agent
for LaVerna Kenney;
iii Directing LaVerna Kenney’s $346,000 be returned to Sharyn Liddie, in
her capacity as agent for LaVerna Kenney, pursuant to GOL § 5-1510(4);
Iv. Restraining and enjoining Wilson Kenney from acting as agent under the
POA, or otherwise distributing, transferring, encumbering, or otherwise
disposing
of LaVerna Kenney’s assets, pursuant to CPLR 6301, 6311, and
6313, during the pendency of this proceeding; and
Surcharging Wilson Kenney for his breaches of fiduciary duty;
vi Awarding legal fees incurred in this proceeding against Wilson Kenney;
and
vii. Granting such other and further reliefas this Court deems just and proper.
SUFFICIENT REASON APPEARING THEREFORE, IT IS HEREBY
ORDERED pursuant to CPLR 6301, 6311, and 6313, -that pending the hearing -and-
-determination-of this Order to Show Cause, and—wnti=ferther fr ds f theiCy #t, WILSON
KENNEY is hereby restrained and enjoined from acting as agent under LaVerna Kenney’s Power
of Attomey dated August 9, 2014; and it is further;
ORDERED, pursuant to CPLR 6301, 6311, and 6313, that pending the hearing -and-
-determination. of this Order to Show Cause, and-untifurther-Orderofthis-Court, WILSON
2 0f 4
INDEX NO. 152036/2024
NYSCEF DOC. NO. 25 RECEIVED NYSCEF 03/08/2024
KENNEY is hereby restrained and enjoined from distributing, transferring, encumbering, or
otherwise disposing of LaVerna Kenney’s assets during the pendency of this proceeding; and it is
further
ORDERED, that service of this Order to Show Cause, and all of the papers upon which it
is based, shall be deem goo
fe of adesnight ™ nd ®and sufficient service if served upon WILSON KENNEY by
pst yu no later than Hasch 4 2024
ORDERED, that opposition papers if any, shall be filed and served by NYSCEF no later
than le i 2024; and it is hereby further
ORDERED, that reply papers, if any, shall be filed and served by NYSCEF no later than
hacs{
2or4at 5PM
Gr
UI
oR ENTER:
JS.c.\Y
iy
HON. LYLE E, FRANK
3 0f 4
INDEX NO. 152036/2024
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/08/2024
4 of 4
Preview
INDEX NO. 152036/2024 NYSCEF Doc. NO. 25 RECEIVED NYSCEF 03/08/2024 Atan IAS Part of the Supreme Court of the State of New York, held in the County of New York, located at 60 Centre Street, New York, New York 10007, on the, ‘ day of db (fh __, 2024. PRESEN’ Lule b Eranl JS.C, wewowreaes elvererencernacnennmasi mewenasicunusdnccseusn| Sharyn Liddie, as attorney-in-fact for ORDER TO SHOW CAUSE LaVerma Kenney, WITH TEMPORARY RESTRAINING ORDER MS 41 Petitioner, -against- Index No.: 850024+-2624- Wilson Kenney, individually and as attorney-in-fact for 1S 2666 [204 LaVerna Kenney, Respondent. So enna non on oon mnnnewersinedwamestaisenanwesasseniceiaaweacs On reading and filing the petition of SHARYN LIDDIE (“PETITIONER”), duly verified _ the Ist day of March, 2024, utilized herein as an affidavit pursuant to CPLR 105(u), the exhibits =, attached thereto; the affirmation of Bret Cahn of Emergency and of Compliance with 22 NYCRR 202.7 (f) dated March 6, the exhibits attached thereto; and Petitioner’s accompanying Memeorandum of Law in Support of Application for a Temporary Restraining Order and Preliminary Injunction, and upon sufficient cause being alleged, LET, WILSON KENNEY, SHOW CAUSE, before the Hon. e - ( __at als Part reme Court of the State of New York, County of New York, located at 60 Centre Lp New York, New York, on the TH ay of Apel 2024, at 9:30 o'clock in the forenoon of said day, or as soon thereafter as counsel can be heard, why an Order should not be made and entered as follows: lof 4 INDEX NO. 152036/2024 NYSCEF boc. NO. 25 RECEIVED NYSCEF 03/08/2024 Compelling Wilson Kenney, pursuant to General Obligations Law (“GOL”) § 5-1510(1), to provide a record of all receipts, disbursements, and transactions entered into by him as agent on behalf of the principal, LaVerna Kenney; ii Removing Wilson Kenney, pursuant to GOL § 5-1510(2)(f), as co-agent for LaVerna Kenney; iii Directing LaVerna Kenney’s $346,000 be returned to Sharyn Liddie, in her capacity as agent for LaVerna Kenney, pursuant to GOL § 5-1510(4); Iv. Restraining and enjoining Wilson Kenney from acting as agent under the POA, or otherwise distributing, transferring, encumbering, or otherwise disposing of LaVerna Kenney’s assets, pursuant to CPLR 6301, 6311, and 6313, during the pendency of this proceeding; and Surcharging Wilson Kenney for his breaches of fiduciary duty; vi Awarding legal fees incurred in this proceeding against Wilson Kenney; and vii. Granting such other and further reliefas this Court deems just and proper. SUFFICIENT REASON APPEARING THEREFORE, IT IS HEREBY ORDERED pursuant to CPLR 6301, 6311, and 6313, -that pending the hearing -and- -determination-of this Order to Show Cause, and—wnti=ferther fr ds f theiCy #t, WILSON KENNEY is hereby restrained and enjoined from acting as agent under LaVerna Kenney’s Power of Attomey dated August 9, 2014; and it is further; ORDERED, pursuant to CPLR 6301, 6311, and 6313, that pending the hearing -and- -determination. of this Order to Show Cause, and-untifurther-Orderofthis-Court, WILSON 2 0f 4 INDEX NO. 152036/2024 NYSCEF DOC. NO. 25 RECEIVED NYSCEF 03/08/2024 KENNEY is hereby restrained and enjoined from distributing, transferring, encumbering, or otherwise disposing of LaVerna Kenney’s assets during the pendency of this proceeding; and it is further ORDERED, that service of this Order to Show Cause, and all of the papers upon which it is based, shall be deem goo fe of adesnight ™ nd ®and sufficient service if served upon WILSON KENNEY by pst yu no later than Hasch 4 2024 ORDERED, that opposition papers if any, shall be filed and served by NYSCEF no later than le i 2024; and it is hereby further ORDERED, that reply papers, if any, shall be filed and served by NYSCEF no later than hacs{ 2or4at 5PM Gr UI oR ENTER: JS.c.\Y iy HON. LYLE E, FRANK 3 0f 4 INDEX NO. 152036/2024 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/08/2024 4 of 4